Item #1 County Variance 284 – 3150, 3246 & 3316 King Ave East – Land Use Contrary to Zoning – A request to conduct a public forum for the proposed future use of these lots for public parking to the benefit of the County Detention Facility on the north side of King Avenue East. This use normally requires an application for special review approval. The County will not be submitting a special review. The County Board of Adjustment has no power to approve, deny or attached conditions to the proposed use. State law (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment. The property is within the Residential 15,000 (R-150) zoning district and is described as C/S 1334, Parcel 1 & Parcel 1A, and Cissel Acreage Tracts Subdivision Tract 2, a 13.047 acre parcel of land. Tax IDs: D01861, A19369 & D01862. Presented by Nicole Cromwell, Zoning Coordinator
 

The Planning Division is recommending the Board conduct the public hearing and allow comment on the future County parking lot plans.
 

OWNER: Yellowstone County, John Ostlund, BOCC Chairman
AGENT: Schutz Foss Architects, Allen Rapacz and Greg Erpenbach, Superintendent of Facilities for Yellowstone County
LEGAL DESCRIPTION: C/S 1334, Parcel 1 & Parcel 1A, and Cissel Acreage Tracts Subdivision Tract 2
ADDRESS: 3150, 3246 & 3316 King Avenue East
CURRENT ZONING: Residential 15,000 (R-150)
EXISTING LAND USE: 3 single family dwellings and agricultural uses
PROPOSED USE: Future parking lots for Yellowstone County
SIZE OF PARCEL: 13.047 acres

None.

Cissel Acreage Tracts Lots 1 and 2 requested a zone change from R-150 to Controlled Industrial (CI) in 1984. This zone change was denied. The parcels were zoned Residential 15,000 in 1973, when the County first adopted zoning for this area. Agencies from the City, County, school districts and the state have filed various applications over the past 44 years to use land contrary to zoning for remodeling, new construction or expansion of public facilities. State law allows a public agency to use public land contrary to zoning if a public forum is held before the Board of Adjustment. This allows public input on the proposed use. Additional permitting, financing and review processes are in place for most public building and development projects and these also allow public comment and input.

NORTH:	Zoning: Public Land Use: Yellowstone County Detention Facility and County Public Works Shops
SOUTH:	Zoning: CI Land Use: I-90 and vacant industrial land
EAST:	Zoning: HC & CI Land Use: Vacant Land and Polson's Tree Service
WEST:	Zoning: R-150 Land Use: Single family dwellings and County materials storage lot

This is a request to use public land for public purposes contrary to zoning. State statute allows public agencies to use land contrary to zoning after a public hearing is held by the local Board of Adjustment. As illustrated in MCA 76-2-402(2), the Board shall have no power to deny the proposed use but shall act only to allow a public hearing for comment on the proposed use.

Yellowstone County has purchased these lots on the south side of King Avenue East for potential future use as parking lots for County employees and visitors to the County Detention Facility. There are no plans in place at this time for the development of these parking lots or storage facilities. The zoning regulations would normally require the submission of a special review application for the development of a public parking facility in a residential zone. A special review application will not be submitted in this case.

The state law provision that exempts local agencies from local zoning compliance provides an opportunity for the public to provide comment and eliminates the need for one government authority to approve, deny or place conditions on the necessary public improvements of another public agency. Many public agency projects are subject to other permitting and development permissions ranging from financial authority and building code compliance to state and federal environmental policy conformance. These processes also offer the opportunity to provide public comment.

 

The Planning Division recommends the Board conduct the public hearing and allow public comment on the future parking lots for Yellowstone County.